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Foreign Trade and Payments Ordinance (Aussenwirtschaftsverordnung, AWV)

The German Foreign Trade and Payments Ordinance (Aussenwirtschaftsverordnung, AWV) implements the Foreign Trade and Payments Act (AWG) and sets out the…

What Foreign Trade and Payments Ordinance (Aussenwirtschaftsverordnung, AWV) requires

The German Foreign Trade and Payments Ordinance (Aussenwirtschaftsverordnung, AWV) implements the Foreign Trade and Payments Act (AWG) and sets out the detailed rules for export licensing and foreign-investment screening in Germany. Section 8 requires an export licence for goods listed in Part I Section A and Part I Section B of the Export List. Section 9 provides for licensing requirements for certain non-listed goods where the Federal Office for Economic Affairs and Export Control (BAFA) notifies the exporter that the goods are or may be intended for a nuclear facility or related end-use in specified countries. Section 21 provides that only the exporter can apply for an export licence. Section 55 governs the cross-sectoral investment review: the Federal Ministry for Economic Affairs may assess whether the direct or indirect acquisition by a non-EU resident of a domestic company, or of a stake in a domestic company, is likely to affect public order or security within the meaning of Regulation (EU) 2019/452, with an expanded acquisition concept covering a definable part of operations or all the essential operating equipment needed to maintain the operation, and with provisions addressing abusive or circumventing arrangements where the direct acquirer does not maintain significant business operations of its own. Section 56 defines acquisitions subject to review in the cross-sectoral review. Compliance requires classifying goods against the Export List, obtaining BAFA licences where required, observing BAFA catch-all notifications, and assessing investment-screening obligations for non-EU acquisitions of domestic companies.

Pillar: Trade Compliance & Export Controls · Authority: Federal Republic of Germany; administered by the Federal Office for Economic Affairs and Export Control (BAFA) and the Federal Ministry for Economic Affairs · Version: 1.0.0 · Last updated:

Primary source: https://www.gesetze-im-internet.de/englisch_awv/englisch_awv.html

SHA-256 integrity: f32d492b6b29c9fbefd4ccebdd910a29c00daae6e54f894fd73ce0e1db17daee

Primary Citations — 7 traced to source

  • Foreign Trade and Payments Ordinance (Aussenwirtschaftsverordnung, AWV) English translation
  • AWV Section 8 Licensing requirements for the export of goods on the Export List

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